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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Plant Health and Plant Products (Amendment) Act
2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. New purposes 2
4. Definitions 2
5. Importation requirements 3
6. Import orders may require certificate or declaration 6
7. Reconditioning of used packages 8
8. Amendment of Part 6 heading 8
PART 6--COMPLIANCE AGREEMENTS AND
ACCREDITATION". 8
9. New sections 43A to 43D inserted 8
43A. Accreditation 8
43B. Register 9
43C. Amendment and cancellation 9
43D. Suspension 10
10. Approved inspection services 11
11. Inspection powers 11
12. New sections 52A to 52E inserted 11
52A. Search warrants 11
52B. Announcement before entry 13
52C. Details of warrant to be given to occupier 13
52D. Seizure of documents not mentioned in the warrant 14
52E. Copies of seized documents 14
13. New sections 71A to 71D inserted 15
71A. Offences about certification 15
71B. False statement in certificates and declarations 15
71C. Alterations to certificates and declarations 15
71D. Release of information 17
14. Amendment of regulation-making powers 17
ENDNOTES 19
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PARLIAMENT OF VICTORIA
Initiated in Assembly 17 August 2000
A BILL
to make miscellaneous amendments to the Plant Health and Plant
Products Act 1995 and for other purposes.
Plant Health and Plant Products
(Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to make
miscellaneous amendments to the Plant Health
and Plant Products Act 1995.
5 2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
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(2) If a provision referred to in sub-section (1) does
not come into operation before 30 June 2002, it
comes into operation on that day.
3. New purposes
See:
5 In section 1 of the Plant Health and Plant Act No.
Products Act 1995, after paragraph (b) insert-- 51/1995.
Reprint No. 1
"(ba) facilitate the movement of plants, plant as at
8 August 1997
products, used packages, used agricultural and
equipment and soil within and into and out amending
Acts Nos
10 of Victoria;". 26/1998,
46/1998,
52/1998 and
83/1998.
LawToday:
www.dms.
dpc.vic.
gov.au.
4. Definitions
(1) In section 3(1) of the Plant Health and Plant
Products Act 1995, insert the following
definitions--
15 ' "accredited person" means a person accredited
to give assurance certificates--
(a) under section 43A; or
(b) by an officer or authority of a State or
Territory administering a corresponding
20 law;
"assurance certificate" means a certificate
issued by an accredited person;
"corresponding law" means the Act of another
State or Territory that corresponds with this
25 Act;'.
(2) In section 3(1) of the Plant Health and Plant
Products Act 1995, in the definitions of "plant
health certificate" and "plant health declaration"
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for "prescribed form" substitute "form approved
by the Secretary".
5. Importation requirements
(1) In section 6(1) of the Plant Health and Plant
5 Products Act 1995, for paragraph (c)
substitute--
"(c) if required by the regulations, has sent to the
Secretary and has in his or her possession at
the time that the prescribed material is
10 delivered to the person in Victoria a copy
of--
(i) an assurance certificate; or
(ii) a plant health certificate; or
(iii) a plant health declaration;".
15 (2) In section 6(1A) of the Plant Health and Plant
Products Act 1995, for "section 6(1)(c)"
substitute "sub-section (1)(c)".
(3) After section 6(2) of the Plant Health and Plant
Products Act 1995 insert--
20 "(2A) An assurance certificate that is required
under sub-section (1)(c) in respect of
prescribed material must--
(a) set out details of--
(i) the person in Victoria to whom
25 the prescribed plant material is
being delivered; and
(ii) the grower or packer and the
consignor of the prescribed
material; and
30 (iii) the quantity, type, origin and
destination of the prescribed
material; and
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(iv) the condition, treatment or testing
of the prescribed material; and
(v) the accreditation number assigned
to the accredited person by the
5 Secretary or by an officer or
authority of a State or Territory
administering a corresponding
law; and
(b) contain any other prescribed
10 particulars; and
(c) be certified by the accredited person
who issued the certificate verifying the
details set out in paragraph (a) and any
other prescribed particulars; and
15 (d) be in the form approved by the
Secretary.
(2B) A plant health certificate that is required
under sub-section (1)(c) in respect of
prescribed material must--
20 (a) set out details of--
(i) the person in Victoria to whom
the prescribed plant material is
being delivered; and
(ii) the grower or packer and the
25 consignor of the prescribed
material; and
(iii) the quantity, type, origin and
destination of the prescribed
material; and
30 (iv) the condition, treatment or testing
of the prescribed material; and
(b) contain any other prescribed
particulars; and
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(c) be certified by the person issuing it
verifying the details set out in
paragraph (a) and any other prescribed
particulars; and
5 (d) be in the form approved by the
Secretary.
(2C) A plant health declaration that is required
under sub-section (1)(c) in respect of
prescribed material must--
10 (a) set out details of--
(i) the person in Victoria to whom
the prescribed plant material is
being delivered; and
(ii) the grower or packer and the
15 consignor of the prescribed
material; and
(iii) the quantity, type, origin and
destination of the prescribed
material; and
20 (iv) the condition, treatment or testing
of the prescribed material; and
(b) contain any other prescribed
particulars; and
(c) include a declaration by the person
25 issuing it verifying the details set out in
paragraph (a) and any other prescribed
particulars; and
(d) be in the form approved by the
Secretary.".
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6. Import orders may require certificate or declaration
(1) In section 24(2) of the Plant Health and Plant
Products Act 1995, for paragraph (c)
substitute--
5 "(c) may require the plants, plant products, used
agricultural equipment, used packages, soil,
bees, honey, beeswax, honeycomb, beehives
or pollen referred to in the order to be
accompanied by an assurance certificate, a
10 plant health certificate or a plant health
declaration that--
(i) sets out details of--
(A) the person in Victoria to whom
the plants, plant products, used
15 agricultural equipment, used
packages, soil, bees, honey,
beeswax, honeycomb, beehives or
pollen is being delivered; and
(B) the grower or packer and the
20 consignor of the plants, plant
products, used agricultural
equipment, used packages, soil,
bees, honey, beeswax,
honeycomb, beehives or pollen;
25 and
(C) the quantity, type, origin and
destination of the plants, plant
products, used agricultural
equipment, used packages, soil,
30 bees, honey, beeswax,
honeycomb, beehives or pollen;
and
(ii) states that the plants, plant products,
used agricultural equipment, used
35 packages, soil, bees, honey, beeswax,
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honeycomb, beehives or pollen have
been treated or tested in accordance
with the requirements of the order; and
(iii) provides a description of the treatment
5 or tests.".
(2) After section 24(2) of the Plant Health and Plant
Products Act 1995, insert--
"(3) Without limiting sub-section (1), an order
may, in relation to a requirement for a plant
10 health declaration under sub-section (2)(c),
limit or restrict the circumstances in which a
plant health declaration may be issued by
reference to all or any of the following--
(a) the plant, plant product, used
15 agricultural equipment, used package,
soil, bees, honey, beeswax, honeycomb,
beehives or pollen or class of plant,
plant product, used agricultural
equipment, used package, soil, bees,
20 honey, beeswax, honeycomb, beehives
or pollen;
(b) the area or the class of area in which
the plant, plant product, used
agricultural equipment, used package,
25 soil, bees, honey, beeswax, honeycomb,
beehives or pollen was grown,
produced or packed or from which it
was consigned, having regard to the
pest and disease status of that area;
30 (c) the persons or class of persons
authorised or permitted by the Act to
issue plant health declarations.".
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7. Reconditioning of used packages
In section 34(1)(b) of the Plant Health and Plant
Products Act 1995, in sub-paragraph (ii), after
"reconditioned" insert "in accordance with the
5 regulations.".
8. Amendment of Part 6 heading
For the heading to Part 6 of the Plant Health and
Plant Products Act 1995, substitute--
"PART 6--COMPLIANCE AGREEMENTS AND
10 ACCREDITATION".
9. New sections 43A to 43D inserted
After section 43 of the Plant Health and Plant
Products Act 1995 insert--
"43A. Accreditation
15 (1) The Secretary may grant accreditation to a
person to issue assurance certificates about
plants, plant products, used agricultural
equipment, used packages or soil that--
(a) are grown, produced, packed, treated or
20 tested in Victoria; or
(b) are to be imported, introduced or
brought into Victoria.
(2) A person may apply to the Secretary for
accreditation.
25 (3) The Secretary may--
(a) grant the accreditation applied for or
another accreditation; or
(b) refuse accreditation; or
(c) grant accreditation subject to
30 conditions, limitations or restrictions.
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(4) If the Secretary refuses to grant accreditation
to an applicant, the Secretary must give the
applicant a written notice stating--
(a) the decision; and
5 (b) the reasons for the decision; and
(c) that the applicant may apply to the
Secretary for reconsideration of the
decision.
43B. Register
10 (1) The Secretary must keep a register of
accredited persons.
(2) The Register must include particulars of--
(a) all current accreditations;
(b) any amendments or suspension of an
15 accreditation.
43C. Amendment and cancellation
(1) If the Secretary considers that a ground
exists to amend or cancel an accreditation
the Secretary must give the accredited person
20 written notice--
(a) of his or her intention to take the
proposed action; and
(b) of the reasons and grounds for the
proposed action; and
25 (c) inviting the accredited person (within a
stated time of at least 28 days) to show
why the action should not be taken.
(2) If, after considering all written submissions
made within the time stated in the notice, the
30 Secretary still considers a ground exists to
take the proposed action the Secretary may
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amend, suspend or cancel the accreditation
in accordance with the terms of the notice.
(3) The Secretary must give the person written
notice of the decision and, if the Secretary
5 decides to amend or cancel the accreditation,
the reasons for the decision and that the
person may apply to the Secretary for a
reconsideration of the decision.
43D. Suspension
10 (1) If the Secretary considers that a ground
exists to suspend an accreditation the
Secretary must--
(a) immediately suspend that accreditation;
and
15 (b) give the accredited person written
notice of the suspension as soon as
practicable stating--
(i) the reasons and grounds for the
suspension; and
20 (ii) that the accredited person may
appeal against the suspension
within 7 days of receiving the
notice.
(2) After considering any appeal by the
25 accredited person made under sub-section
(1)(b), the Secretary may--
(a) if the Secretary still considers a ground
exists to suspend the accreditation,
suspend the accreditation for such
30 period as the Secretary may determine;
or
(b) in any other case, cancel the
suspension.
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(3) A decision under sub-section (2) must be
made within 21 days of the appeal by the
accredited person.".
10. Approved inspection services
5 In section 51A(1) of the Plant Health and Plant
Products Act 1995, after paragraph (e) insert--
"(f) to provide services for the monitoring,
examination, investigation and inspection of
accredited persons and the operating
10 procedures of those persons.".
11. Inspection powers
In section 52(1)(a) of the Plant Health and Plant
Products Act 1995, after "propagation," insert
"growing,".
15 12. New sections 52A to 52E inserted
After section 52 of the Plant Health and Plant
Products Act 1995 insert--
"52A. Search warrants
(1) An inspector, with the written approval of
20 the Secretary, may apply to a magistrate for
the issue of a search warrant in relation to
particular premises, if the inspector believes
on reasonable grounds that there is on the
premises any documentary evidence that a
25 person or persons may have contravened this
Act.
(2) If a magistrate is satisfied, by the evidence,
on oath or by affidavit, of the inspector that
there are reasonable grounds to believe that
30 there is a document of a particular kind
connected with a contravention of this Act
on any premises, the magistrate may issue a
search warrant, in accordance with the
Magistrates' Court Act 1989, authorising
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an inspector named in the warrant, together
with any other person or persons named or
otherwise identified in the warrant and with
any necessary equipment--
5 (a) to enter the premises specified in the
warrant, if necessary by force; and
(b) to do all or any of the following--
(i) search for;
(ii) seize;
10 (iii) secure against interference;
(iv) examine;
(v) inspect and make copies of, or
take extracts from--
a document of a particular kind named
15 or described in the warrant and which
the inspector believes, on reasonable
grounds, to be connected with the
alleged contravention.
(3) A search warrant issued under this section
20 must state--
(a) the purpose for which the search is
required and the nature of the alleged
contravention; and
(b) any conditions to which the warrant is
25 subject; and
(c) whether entry is authorised to be made
at any time of the day or night or during
stated hours of the day or night; and
(d) a day, not later than 28 days after the
30 issue of the warrant, on which the
warrant ceases to have effect.
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(4) Except as provided by this Act, the rules to
be observed with respect to search warrants
under the Magistrates' Court Act 1989
extend and apply to warrants under this
5 section.
52B. Announcement before entry
(1) On executing a search warrant, the inspector
executing the warrant--
(a) must announce that he or she is
10 authorised by the warrant to enter the
premises; and
(b) if the inspector has been unable to
obtain unforced entry, must give any
person at the premises an opportunity
15 to allow entry to the premises.
(2) An inspector need not comply with sub-
section (1) if he or she believes, on
reasonable grounds, that immediate entry to
the premises is required to ensure--
20 (a) the safety of any person; or
(b) that the effective execution of the
search warrant is not frustrated.
52C. Details of warrant to be given to occupier
(1) If the occupier is present at premises where a
25 search warrant is being executed, the
inspector must--
(a) identify himself or herself to the
occupier; and
(b) give to the occupier a copy of the
30 warrant.
(2) If the occupier is not present at premises
where a search warrant is being executed, the
inspector must--
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(a) identify himself or herself to any person
at the premises; and
(b) give to the person a copy of the
warrant.
5 52D. Seizure of documents not mentioned in the
warrant
A search warrant under section 52A
authorises an inspector executing the search
warrant, in addition to the seizure of any
10 document of the kind described in the
warrant, to seize or take any document which
is not of the kind described in the warrant
if--
(a) the inspector believes, on reasonable
15 grounds, that the document is of a kind
which could have been included in a
search warrant issued under this Part;
and
(b) in the case of seizure, the inspector
20 believes, on reasonable grounds, that it
is necessary to seize that document in
order to prevent its concealment, loss or
destruction or its use in the
contravention of this Act.
25 52E. Copies of seized documents
(1) If an inspector retains possession of a
document seized from a person pursuant to a
search warrant under section 52A or seized
in accordance with section 52D, the
30 inspector must give the person, within 21
days of the seizure, a copy of the document
certified as correct by the inspector.
(2) A copy of a document certified under sub-
section (1) shall be received in all courts and
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tribunals to be evidence of equal validity to
the original.".
13. New sections 71A to 71D inserted
After section 71 of the Plant Health and Plant
5 Products Act 1995 insert--
"71A. Offences about certification
A person who is not an accredited person
must not--
(a) issue for, or in respect of, any plant,
10 plant product, used agricultural
equipment, used package, soil, bees,
honey, beeswax, honeycomb, beehives
or pollen anything that purports to be
an assurance certificate; or
15 (b) use for the purposes of this Act
anything that purports to be an
assurance certificate.
Penalty: 30 penalty units.
71B. False statement in certificates and
20 declarations
A person must not include in any assurance
certificate, plant health certificate or plant
health declaration a statement or information
that the person knows to be false.
25 Penalty: 60 penalty units for a first
offence.
120 penalty units for a second or
subsequent offence.
71C. Alterations to certificates and declarations
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(1) A person must not--
(a) alter or permit to be altered any
information or statement in a plant
health certificate unless the alteration is
5 authorised in writing by an inspector,
inspection agent or officer who is
authorised by this Act to issue plant
health certificates; or
(b) alter or permit to be altered any
10 information or statement in a plant
health declaration unless the alteration
is authorised in writing by a person
authorised by the Secretary to make
plant health declarations.
15 Penalty: 60 penalty units for a first
offence.
120 penalty units for a second or
subsequent offence.
(2) A person must not alter or permit to be
20 altered any information or statement in an
assurance certificate unless--
(a) the alteration is authorised in writing by
the accredited person who issued the
assurance certificate; or
25 (b) the alteration--
(i) relates to the splitting of a
consignment to which that
assurance certificate relates; and
(ii) is made by a person authorised by
30 the Secretary or by an officer or
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authority of a State or Territory
administering a corresponding law
to split consignments.
Penalty: 60 penalty units for a first
5 offence.
120 penalty units for a second or
subsequent offence.
71D. Release of information
A person employed under Part 3 of the
10 Public Sector Management and
Employment Act 1998 who is authorised by
the Secretary either generally or in a
particular case may communicate
information that comes to his or her
15 knowledge in the exercise of his or her
powers or authorities or the discharge of his
or her functions or duties under this Act or
under any scheme or agreement between the
States and Territories of the Commonwealth
20 relating to the movement of material to
which this Act applies to--
(a) an officer or authority of a State or
Territory of the Commonwealth
administering a corresponding law; or
25 (b) any department or authority of the
Commonwealth that the Secretary
specifies.".
14. Amendment of regulation-making powers
(1) In section 72(1) of the Plant Health and Plant
30 Products Act 1995--
(a) after paragraph (b) insert--
"(ba) prescribing requirements and
procedures for the reconditioning of
used packages;";
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(b) in paragraph (d), after "this Act" insert
", whether wholly or partially or subject to
conditions, restrictions or limitations".
(2) After section 72(2) of the Plant Health and Plant
5 Products Act 1995, insert--
"(2A) Without limiting sub-sections (1) and (2), for
the purposes of section 6, the regulations
may limit or restrict the persons or class of
persons authorised or permitted by the Act to
10 issue plant health declarations in relation to
particular prescribed plant material or classes
of prescribed plant material.".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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